I was skimming my archives for an insurance form and found this which was posted here 6-7 years ago --> Service animals are not pets.. and are defined in Federal law as an accomodation, just like a wheel chair or ramp..

NOTE: ON JULY 23, 2010, ATTORNEY GENERAL ERIC HOLDER SIGNED FINAL REGULATIONS REVISING THE DEPARTMENT’S ADA REGULATIONS, INCLUDING A REVISED DEFINITION OF “SERVICE ANIMAL.” EFFECTIVE MARCH 15, 2011.

The changes were announced to the Americans with Disabilities Act (ADA) as it relates to service and companion animals.

The ADA deals with public places not housing (save for areas open to general public).

The Fair Housing Act (FHA) applies to private rental housing. Changes to ADA have no effect whatsoever on the FHA. Fair housing council 2011

“SERVICE ANIMAL MEANS ANY ANIMAL THAT IS INDIVIDUALLY TRAINED TO:

DO WORK OR PERFORM TASKS FOR THE BENEFIT OF AN INDIVIDUAL (SINGULAR) WITH A DISABILITY, INCLUDING;

A PHYSICAL, SENSORY, PSYCHIATRIC, INTELLECTUAL, OR OTHER MENTAL DISABILITY.

THE WORK OR TASKS PERFORMED BY A SERVICE ANIMAL MUST BE DIRECTLY RELATED TO THE HANDLER´S DISABILITY.

TASKS INCLUDE, BUT ARE NOT LIMITED TO:

ASSISTING INDIVIDUALS WHO ARE BLIND OR HAVE LOW VISION WITH NAVIGATION AND OTHER TASKS, ALERTING INDIVIDUALS WHO ARE DEAF OR HARD OF HEARING TO THE PRESENCE OF PEOPLE OR SOUNDS, PROVIDING NON-VIOLENT PROTECTION OR RESCUE WORK, PULLING A WHEELCHAIR, ASSISTING AN INDIVIDUAL DURING A SEIZURE, ALERTING INDIVIDUALS TO THE PRESENCE OF ALLERGENS, RETRIEVING ITEMS SUCH AS MEDICINE OR THE TELEPHONE, PROVIDING PHYSICAL SUPPORT AND ASSISTANCE WITH BALANCE AND STABILITY TO INDIVIDUALS WITH MOBILITY DISABILITIES, AND HELPING PERSONS WITH PSYCHIATRIC AND NEUROLOGICAL DISABILITIES BY PREVENTING OR INTERRUPTING IMPULSIVE OR DESTRUCTIVE BEHAVIORS.

OTHER SPECIES NOT SERVICE ANIMALS:

OTHER ANIMALS, WHETHER WILD OR DOMESTIC, TRAINED OR UNTRAINED, ARE NOT SERVICE ANIMALS FOR THE PURPOSES OF THIS DEFINITION.

KEY CHANGES FROM PREVIOUS LAW INCLUDE THE FOLLOWING:

1. ONLY DOGS WILL BE RECOGNIZED AS SERVICE ANIMALS.

2. SERVICE ANIMALS ARE REQUIRED TO BE LEASHED OR HARNESSED EXCEPT WHEN PERFORMING WORK OR TASKS WHERE SUCH TETHERING WOULD INTERFERE WITH THE DOG'S ABILITY TO PERFORM.

3. SERVICE ANIMALS ARE EXEMPT FROM BREED BANS AS WELL AS SIZE AND WEIGHT LIMITATIONS.

4. DOGS WHOSE SOLE FUNCTION IS “THE PROVISION OF EMOTIONAL SUPPORT, WELL-BEING, COMFORT, OR COMPANIONSHIP” ARE NOT CONSIDERED SERVICE DOGS UNDER THE ADA.

5. THE USE OF SERVICE DOGS FOR PSYCHIATRIC AND NEUROLOGICAL DISABILITIES IS EXPLICITLY PROTECTED UNDER THE ADA.

6. “THE CRIME DETERRENT EFFECTS OF AN ANIMAL'S PRESENCE” DO NOT QUALIFY THAT ANIMAL AS A SERVICE ANIMAL AND “AN ANIMAL INDIVIDUALLY TRAINED TO PROVIDE AGGRESSIVE PROTECTION, SUCH AS AN ATTACK DOG, IS NOT APPROPRIATELY CONSIDERED A SERVICE ANIMAL.”

ATTACH A PHOTO OF THE ANIMAL AND A DETAILED DESCRIPTION.

ONLY THIS ANIMAL WILL BE ALLOWED ON THE PROPERTY UNLESS OTHERWISE AGREED.

ALL POINTS OF THE RENTAL AGREEMENT AND LAWS SHALL BE OBEYED, AS OUTLINED IN THE AGREEMENT AND ANY LAW OR STATUTE.

ADDITIONAL ANIMALS:

ANY CHANGE IN THE CURRENT ANIMAL OR DESIRED ADDITIONAL ANIMALS WILL REQUIRE THE OWNER/AGENTS WRITTEN AGREEMENT AND AN NEW AGREEMENT REFLECTING THE CHANGE.

AGGRESSIVE BEHAVIOR: NO ANIMALS WITH A HISTORY OF OR SHOWING AGGRESSIVE OR THREATENING BEHAVIOR IN THE OWNER/AGENTS OPINION WILL BE ALLOWED.

CONTROL: THE ANIMAL WILL NOT BE ALLOWED OUTSIDE WITHOUT BEING UNDER LEASHED CONTROL OF THE TENANT. (CODE IN MANY CITIES & COUNTIES. )

CONDUCT: THE ANIMAL WILL NOT MAKE ANY NOISE OR DISTURBANCE THAT AFFECTS THE ANOTHER’S ‘PEACEFUL ENJOYMENT’

DAMAGE: THE TENANT/S WILL IMMEDIATELY NOTIFY THE OWNER/AGENT OF ANY DAMAGE OR BEHAVIOR AS OUTLINED HEREIN TO INCLUDE PERSONAL INJURY OR DAMAGE. ANY DAMAGE FROM THE ANIMAL WILL BE PROMPTLY PAID FOR BY THE TENANTS.

LICENSE: THE ANIMAL MUST BE PROPERLY LICENSED, IF NEEDED IN THE TOWN OR COUNTY, HAVE SHOTS AND A VETS LETTER IS REQUIRED.

WASTE: NO PART OF THE PROPERTY WILL BE USED FOR THE DISPOSAL OF WASTE, AND IT WILL BE DISPOSED OF IMMEDIATELY AND PROPERLY.

NO ADDITIONAL ‘PET DEPOSIT’ WILL BE REQUIRED AS RELATING TO THIS ASSISTANCE ANIMAL.

THIS AGREEMENT DOES NOT IN ANYWAY EFFECT OR ALTER THE LANDLORD’S RIGHTS UNDER LAW OR STATUTE.

I CERTIFY MY ANIMAL HAS NO HISTORY OF AGGRESSIVE BEHAVIOR AND I AGREE TO THESE PROVISIONS.

TENANT _________________________________________________________________ DATE

Some landlords ARE exempt from the regulations of the Fair Housing Amendments Act. The exceptions include (a) buildings with four or fewer units where the landlord lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements. The FHAA also does not apply to publicly owned (government owned) housing or to section 8 housing. Other laws, such as Section 508 of the Rehab Act and Title II of the ADA may apply in some cases.

Bear in mind that regulations in housing are not the same as they are for public access. Though a business cannot ask you for proof of disability or proof of training for the service animal, a landlord may. This is because the duration of the relationship between landlord and tenant is much greater than that between merchant and customer.

Where's John ? [MI]

I think the hard part is trying to reconcile:

4. DOGS WHOSE SOLE FUNCTION IS “THE PROVISION OF EMOTIONAL SUPPORT, WELL-BEING, COMFORT, OR COMPANIONSHIP” ARE NOT CONSIDERED SERVICE DOGS UNDER THE ADA.

with

5. THE USE OF SERVICE DOGS FOR PSYCHIATRIC AND NEUROLOGICAL DISABILITIES IS EXPLICITLY PROTECTED UNDER THE ADA.

Well, what I would add is just to repeat what is actually stated in the document above:

"The Fair Housing Act (FHA) applies to private rental housing. Changes to ADA have no effect whatsoever on the FHA."

It basically says right there that what is being addressed in that document DOES NOT APPLY TO US. (The full post above is a weird mash-up of mostly ADA info and then a sentence or two of Fair Housing info -- which makes it actually WORSE because it makes people imply that they are together and the same. They aren't! Everything written in ALL CAPS in this first post here is about the ADA, which is NOT the law that applies to landlords.)

So, sure, there is some good information there that kinda helps. But just keep in mind that the above document is talking specifically about ADA Service Animals -- and NOT about FHAA Service and Emotional Support Animals.

So, for example, Deanna asking about clause #4 above means nothing -- because that ONLY APPLIES TO THE ADA. No such clause exists for the FHAA that we, as landlords, have to follow.

Sorry, but Vee has posted in other such threads in the past and the information is very often inaccurate or incorrect. Repeatedly, Vee appears to bring up the ADA and then tries to apply it to us, as landlords. That is simply inaccurate information and wrong. The ADA does not apply to us. The FHAA does. Until people get that very, very clear, we are going to continue to have problems with people posting misinformation here.

- John...

"Bad sister then decided good sister's boyfriend would be her replacement ESA"

Deanna, you win the Mr. LL forum prize today! Haven't laughed that hard in a while. Thanks!

The ADA applies to me directly with regard to the Service Dog, but I took a class to make sure I knew how it applied.

It gives me the right to take my SD anywhere I go. I don't have to produce any paperwork. I stay at hotels, go into restaurants, stores, etc, with my dog. That is what the ADA applies to.

For a rental, the Fair Housing Accessiblity Act applies, and I can require documentation of prospects. Even one with a trained service dog.

Now, I know enough that if someone comes and says they got a dog from Canine Companions for Independence, Guide Dogs for the Blind, Dogs for the Deaf, etc, I know they Dr already filled out lots of paperwork and the dog is well trained. I KNOW that person has a disability.

Anyone else claiming a SD, I know a few questions I can ask. Plus, the dog has to pass my Scooter Test no matter what. Sorry, if your dog can't let my dog in your door, you don't rent my place. Period.

I really want to petition the government to require those wanting an ESA to get the letter from a physician or health professional that they have actually seen, and is currently treating them. It is the internet letters that drive me nuts.

[[[[[[[[[[4. DOGS WHOSE SOLE FUNCTION IS “THE PROVISION OF EMOTIONAL SUPPORT, WELL-BEING, COMFORT, OR COMPANIONSHIP” ARE NOT CONSIDERED SERVICE DOGS UNDER THE ADA........

5. THE USE OF SERVICE DOGS FOR PSYCHIATRIC AND NEUROLOGICAL DISABILITIES IS EXPLICITLY PROTECTED UNDER THE ADA.]]]]]]]

There is no reconciling necessary. They are different animals. Dogs can be specifically trained to perform acts that give relief for psychiatric problems. If the dog has been trained, then it is a service dog.

Emotional support animals have no specialized training that deals with the psychological issue. The emotional support animal simply breathes and allows the person with the emotional disability to pet it.

ESM: Emotional Support Money.

When the balance is low I get anxious and cannot sleep - I get grouchy and snap at slow repairmen.

I always feel better when there is a large surplus in my account. It calms my soul.

Yea tho I walk thru the valley of debt I fear no evil for my bank account and cash flow comfort me.